Neutral Citation No. - 2025:AHC:125867 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 25327 of 2025 Applicant :- Sunil Kumar Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Agarwal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash and set aside the order dated 20.06.2024 passed by learned Additional District Magistrate (Nagar), Ghaziabad in Case no. 808/2024, State of U.P. vs. Dushyant Raghav under Section 72 of U.P.Excise Act, 1910, whereby the applicant's vehicle (Honda City Reg. No. DL7CF9181) was directed to be confiscated in favour of the State. Further to quash and set aside the appellate order dated 27.03.2025 passed by learned District Judge, Ghaziabad in Civil Appeal no. 63/2024, Sunil Kumar Verma vs. State of U.P. whereby appeal filed by applicant was dismissed and order of confiscation was upheld. Further to direct the respondents to release the applicant's vehicle bearing registration no. DL7CF9181 forthwith. 3. Learned counsel for applicant submitted that vide impugned order dated 20.06.2024, Additional District Magistrate (Nagar), Ghaziabad, confiscated the applicant's vehicle in favour of State Government under Section 72 of Excise Act and directed that in the event the vehicle has been released by any court in favour of owner, the owner be directed to deposit the vehicle at police station for evaluation and if he intends to take delivery of the vehicle post evaluation, the assessed price should be deposited by the owner in Criminal Head after which the vehicle be released in his favour otherwise vehicle should be auctioned. Being aggrieved with order dated 20.06.2024, applicant preferred appeal before court concerned which has been dismissed vide impugned order dated 27.03.2025 passed by learned District Judge, Ghaziabad. 4. It is contended by learned counsel for applicant that condition imposed by the authority requiring applicant to deposit entire value of the vehicle as condition precedent for its release is arbitrary, onerous and contrary to settled principles of law. 5. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 6. After hearing rival submissions extended by learned counsels for the parties and perusing the records this Court finds that prima facie, vehicle in question was found to be involved in transportation of illicit liquor, which is a cognizable and serious offence under the Excise Act. The condition to deposit the market value of vehicle is neither arbitrary nor disproportionate. In fact, it is in consonance with the object of preventing misuse of vehicles for illegal activities and ensuring the vehicle is not disposed of before final adjudication. The law permits imposition of such conditions to secure the interest of the State and to deter repeated offences. 7. In view of foregoing discussion, this Court do not find any illegality in the impugned orders dated 20.06.2024 and 27.03.2025. The application u/s 528 BNSS being devoid of merit is hereby dismissed. Order Date :- 28.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad